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krazykraut · Aug 24, 2009, 11:21 AM

Last Friday 8/21 I checked my bank account online to discover all my money was on hold. When I called the bank they advised me a levy was placed on my account as well as my two children as my name is on their accounts as they were opened prior to them being 18. Of course the bank was not very helpful so I called the court to find out what to do as I am disablied and have excempt income and was told I should request a hearing. Today is Monday August 24th and I still have not received any information on the levy from anyone. I was told by a friend that the first$1000.00 is automatically excempt if you request it is that true.:

JudyKayTee · Aug 24, 2009, 11:27 AM

I am not aware of any such exemption BUT that might vary by State. Where are you?

Is this a result of a Judgment which has been filed against you?

The bank probably has very little info except for being served with a copy of the levy.

krazykraut · Aug 24, 2009, 11:51 AM

Originally Posted by JudyKayTee

I am not aware of any such exemption BUT that might vary by State. Where are you?

Is this a result of a Judgment which has been filed against you?

The bank probably has very little info except for being served with a copy of the levy.

I am in Nj and was advised that any government money is excempt

JudyKayTee · Aug 24, 2009, 11:59 AM

Originally Posted by krazykraut

I am in Nj and was advised that any government money is excempt

SS IS exempt from lien for Judgments on almost everything except child support and student loans.

You have to fill out the application, explaining that the money on deposit is from ONLY SS benefits. If it is co-mingled money (say it is SS and gifts), then it is NOT exempt.

What is the Judgment for?

(It's Federal Law, by the way, for when you protest.)

krazykraut · Sep 16, 2009, 05:41 PM

While checking my bank account on-line I discovered that my accounts were frozen. I called my bank to find that a levy was placed against my bank account from an attorney firm Pressler & Pressler. They apparently got a default judgment and requested a levy. However all the money in my account was from SSDI, I contacted them to advise them that the money was excempt. They were difficult so ai sent a letter to the court for an excemption hearing. There was a court hearing and I was advised to send them proof of the deposit that was made two days prior to the levy. They they have notified the court and myself that they will release the levy. However because of the levy being imposed I was charged 25.00 by my bank for the levy and had a couple of NSF fees due to the levy. Do I have any recourse on trying to get my damages back, they got the levy even after they were told I was disabled and only had SSD income. How would I go about collecting my damages.

JudyKayTee · Sep 16, 2009, 06:23 PM

Small Claims Court - I am more interested in how a Judgment was obtained against you, followed by this lien, without you being served.

This should be combined with your earlier thread on the same subject.

ScottGem · Sep 17, 2009, 06:09 AM

I doubt if you have any recourse for the fees. The bank is not responsible since they were following a duly executed writ of attachment.

Why was the plaintiff able to get a default judgment against you? Were you not aware of the suit? Did you furnish them proof that your only income was SSI?

P.S. Please don't start a new thread for follow-up, use the Answer This Question options.